US Email Marketing Law and CASL Have Significant Differences

by | Jul 29, 2015 | Compliance Blog Posts

Contrary to popular belief, the US federal CAN-SPAM Act and Canada’s Anti-Spam Law have some significant differences. CASL violations will cost you even if your business complies with CAN-SPAM. While the CAN-SPAM Act does not require opt in, CASL states that opt in is required, whether expressed or implied. According to the CASL, any commercial electronic message sent through any channel is impacted; whereas, only emails are impacted through CAN-SPAM.

CASL demands that all parties involved in the transmission of a message must be identified in that message and adhere to all opt outs. In comparison, CAN-SPAM states only the primary sender of a message needs to identify themselves and adhere to any opt outs- other parties may stay anonymous. Perhaps the most notable difference among the two laws, violators of the CAN-SPAM Act may be fined up to $16,000 per violation.

Meanwhile, if a business were to violate CASL, they could be fined up to C$10 million and an individual could face fines of C$1 million. If you want to avoid facing major fines, it is important to understand the compliance laws in your industry and region, as well as utilize the best compliance tools.

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